Rajapaksha pathirranalage Sunil Dankelewatte vs Ranhoti pedige Durayalage Ananda Wijekoone – CA NO.580/99-2018

In the case between Ranhoti Pedige Durayalage Ananda Wijekoone (Substituted Plaintiff) and Rajapaksha Pathirranalage Sunil Dankelewatte (Substituted 1st Defendant), the legal issue concerned entitlement to claim prescriptive title to the paddy field “Kumbukepotha” under Section 3 of the Prescription Ordinance No. 22 of 1871. The court determined that the 1st Defendant-Appellant failed to prove adverse and exclusive possession sufficient to acquire prescriptive title, upholding the District Judge’s allocation of shares among co-owners. It was emphasized that co-ownership alone does not support prescriptive title unless there is clear evidence of ouster and adverse possession, reaffirming established principles regarding the statutory requirements for prescription. The reasoning rested on th